SCOTUS decides important case on 4th Amendment
If you regularly read our weekly updates you might remember one from a couple months ago, in which we wrote about a oral arguments in a case having nothing to do with Sex Offender laws, but still critically important for those on the registry because it dealt with the 4th Amendment (searches and seizures). The case was Caniglia v. Strom and if you need to remind yourself, I recommend reading the weekly update again: https://floridaactioncommittee.org/weekly-update-2021-03-24-ref142/
Yesterday, the Order came out and it was unanimous! The Supreme Court of the United States held that law enforcement’s “community caretaking” tasks are not an open license to infringe on one of our most sacred rights, the right of a person to retreat into his or her home and “there be free from unreasonable governmental intrusion.”!
This means that unless you are on probation or the officer has a warrant in their hands, they have no business snooping around your property, going into your backyard, looking through windows or asking to come inside while doing their address verification. If they do any of these, you should politely tell them to leave!
If you want, you can hand them a copy of the SCOTUS decision on their way off your driveway!
I wonder how far reaching this SCOTUS ruling goes. I have read where some Registered Citizens were directed to turn over cell phones when doing re-reg. It might be worth while to have a copy of this ruling when going to the registration sites. Thoughts?
Nobody should turn over their cell phone. Anyone who was forced to do this should contact us.
I have reached out to FAC and never heard back. Granted different issues, but still never heard back after submitting my information on the website submission form
Under a case consideration form? or have you emailed membership or info?
I don’t even show up to registration with my phone on my person. I bring nothing inside except my ID and a single key to the door of my car. That’s it.
Does this restrict federal probation officers in any way? They seem to operate under the Plain View Doctrine anyway. That is, they don’t snoop in back yards or in chests of drawers or thst sort of thing but anything in plain view is fair game.
This does not apply to people who are on probation.
Probation CAN search.
Curious, probation officers cannot search with impunity. Their authority is somewhat limited. For instance, searches of cell phones are not permissible under the search-incident-to-arrest doctrine; they generally require a search warrant (Riley v. California, 573 U.S. 373 (2014)). A warrantless search of a cell phone may be authorized by the need to prevent the imminent destruction of evidence in individual cases. That is just one example though.
Search-incident-to-arrest doctrine relates to an arrest, not to someone on probation.
Probation IS allowed to search and particularly with respect to people on the registry and electronic devices it’s almost always expressly mandated.
FAC volunteers, if you read my post it expressly said “they generally require a search warrant” To clarify,, this means sometimes they don’t need a search warrant. Bottom line is probation officers are also limited by the constitution. They do not have a blank check as you implied.
It’s true that Probation can’t search “with impunity,” unless that’s what the Judgement Order allows.
AWA’s standard is “reasonable suspicion.”
Yes, in the State of Florida, SO probationers expressly waive the right to the prohibition of warrantless searches and seizures as a condition of their probation.
In other words, if you are on SO probation in Florida, any law enforcement (of any kind) can conduct a warrantless search of you and your immediate possessions/living quarters.
I strongly suspect that the same deal is routinely written into federal probation orders.
The point is that there is a bright line between the rights of people who are under supervision–whether state or federal–and those who are not. Note that the registry is NOT supervision, so you do not relinquish your 4th Amendment rights, period. LE may try to BS or intimidate in order to gain access. Don’t fall for it. For those who aren’t on supervision, I offer the following advice:
Under no circumstances should you consent to a search of your home, vehicle or telephone. By giving consent, you relinquish your 4th Amendment rights. It is not unheard of for police to plant evidence, so keep the 4th Amendment in your legal arsenal.
Understand what constitutes the legal definition of “curtilage.” Close your gates to establish the boundary.
Close your front curtains. Police have the right to be on any part of your property that is available to the general public. That includes the front porch. If they see something through the window, it is considered in “plain view” and you have no reasonable expectation of privacy.
Never step outside. They may ask you to, but your strongest 4th Amendment rights are at the threshold of your home. Correspondingly, never let them in without a valid warrant. Ask for a copy, and read it.
I’m sure there are other bits of advice, but those are the ones that come to mind.
The 4th Amendment is one of the most convoluted of legal subjects, full of nuance. It is also one of our most potent constitutional protections, particularly when applied to our homes. While this decision concerned the amendment’s “community caretaker” exception, there are others, e.g. “exigent circumstances,” “independent source,” and “inevitable discovery.”
Veritas.
The irony is, Megan’s Law (SORNA) or whatever, STILL circumvents reasonable expectation of privacy in our homes because of personal information being doxxed on the registry.
Please provide references to this point, not withstanding probation/parole LE can do nothing.
The most encouraging thing about this decision is that it was unanimous. It would be nice if the Court would also put a stop to the entrapment tactics of law enforcement as well. A lot of taxpayer money is spent paying officers to try to tempt people to commit crimes, all to pad their own resume, another notch in their guns metaphorically. There are a lot of people in prison today for committing crimes where there was no actual victim.
“This means that unless you are on probation or the officer has a warrant in their hands, they have no business snooping around your property, going into your backyard, looking through windows or asking to come inside while doing their address verification. If they do any of these, you should politely tell them to leave!”
Then why do they have any business telling us to report to the county jail for interrogation 4 times each year?!!! (or face felony prosecution for refusing to do so)
If my home is sacrosanct, then certainly my “quiet enjoyment” is, as well ??
Quiet Enjoyment? That spawns in my mind the ability to quell the tactic they use with the mass grouping of LE armed for battle with protective gear and loud announcements of their presence. With this SCOTUS decision, can that tactic be ceased legally in court by order? I hope so. There is no need for the self-serving spectacle.
THANK YOU FAC FOR LETTING EVERYONE KNOW!
(I found out late last night!!!!)
THIS WILL GIVE ME THE LEGAL LEVERAGE IN MY CURRENT SITUATION
THANK YOU FOR LETTING EVERYONE KNOW!
Jackson County arrests 32 for noncompliance:
https://www.google.com/amp/s/www.wtxl.com/news/local-news/jcso-sex-offender-predator-operation-yields-45-arrests-and-114-felony-charges%3f_amp=true
There’s so much wrong with this article I’m not sure where to begin.
Meanwhile in Jackson County, a Florida deputy was found guilty of planting drugs in stopped cars
https://www.clickorlando.com/news/florida/2021/05/18/former-florida-deputy-guilty-of-planting-drugs-in-stopped-cars/
Makes me believe they are casting the spotlight on others since their own house is corrupt.
This is eye-opening. Is the requirement to disclose all “social media accounts” a condition of SO registration in Florida? That seems pretty onerous and I would have thought it applied to probationers but not those who are simply on the registry. This article suggests my assumption was wrong.
Jacob, do you know if FAC or anyone has tracked the 67 different counties in Florida to compare the better ones to worst ones for RSOs?
There is no better or worse. Seminole and Brevard have an ABSURD proximity ordinance. Polk and Volusia have Sheriffs who are just looking to re incarcerate you for petty stuff. Miami-Dade and Broward are practically impossible to find a place to live. If you like leaving your house, don’t move to Seminole or Brevard. If you don’t want to get dragged out of your house, don’t move to Polk or Volusia. And if you want to sleep inside a house, don’t move to Miami-Dade or Broward.
FAC this is the best county-by-county summary I’ve ever seen!
There are more reasonable counties, but people need to discover those for themselves, for fear of giving off the impression that such counties are sex offense friendly. They are not, nor would we want them to be. Reported rates of sex crimes in the punitive counties (those that FAC summarizes above) are no better than they are in other counties.
Marion is another one people seem to view as unprofessional and punitive, but many registrants live there legitimately anyway.
If anyone here feels a particular county is a “good” county, I would caution keeping that to yourself, unless you’d like your views repeated at the next county council meeting.
It would be good to compare counties, but we would not necessarily want such a comparison to get into the news and put political pressure on county councils.
Better I think for people to compare privately by checking the municodes site and following discussions on this forum.
Bottom line I think is that the best county for someone will vary depending on their family situation.
Reasonable or unreasonable?… One has to Question that one. I hardly ever come back into any of these offender issue coment rooms. Narsol, ACSOL, FAC. or others as most all of us are going thru unreasonable issues. Even the issue of calling someone a sex offender. One might be an offender but of what?
A con game, a bad mouth offender, a scam induced event, or maybe a domestic offender. Even though probation officers are doing a job are they guilty just the same as the person that conned much of this whole offender issue on another one. Who are they protecting and who are they serving in this pretend con game of injustice. Even the bible says Dare to go to court in front of the unjust. Why does it say that? Are not we all sinners, do not we all lie. Now lying to protect someone is a different story than lying to con someone. One should think about that one.
I have one more year on my probation here in VA. While I have gotten a paper giving me my rights back, I am still a bit distrut about that as I am still on probation. Authorities know what they did and that will come back on them. Sure I wanted a pardon if not for me for others as thinking of others is good in this miss or mistake that was actually a con and very deceptive and than they give plea bargains to make it less misrsable to cheapen the courts ordeal of vain truthor true truth and justice. Bottom line is all these offender issues of this sex game talking to a teenager is a bit of a ruse if the truth be known.
As the bible says the truth will set you free.
Every Person Who is Forced to Register, Should Feel a Sigh of Relief, as this SCOTUS Order, Builds a Sphere around One’s Residence, especially if It is not a High Rise Building….For those living on the Ground, this is GROUNDBREAKING!
The Next Time LEO’s Trespass on a Home for Residence Verification, they are NOW VIOLATING A SCOTUS ORDER….
So, I am sure ‘THEY’ will continue to TRESPASS UNTIL SOMEONE SUES THEM….
Can FAC or Anyone else PLEASE send me the Latest Laws on us being REQUIRED to show our ID during a “Compliance Check” ???? Just had my 3 month visit from a New Deputy in Marion County, And he informed me that if I “Refuse To Show ID” during the “Compliance Check”, That he would send a report to FDLE and I would be ARRESTED for “Non Compliance” !! Because the Deputy is supposed to “Check our ID to make sure the Statue# or Predator Status is Not Covered or altered in ANY way !!!!!. I cant find the post about this from FAC when it was passed in Court that said we were NOT REQUIRED to show our ID during the “Home Compliance Check” !?!?!?. I’m tired of LE over stepping their “Scope of Investigation” during there “UnCalled For ” checks !!!. Please Please someone let me know ASAP. Thanks and NEVER STOP THE FIGHT !!!!.
You show your id to show that you are living at that particular address. It’s a verification, nothing more.